I wonder if you have any ideas you can pass onto David re the Payment of UK Disability Benefits and Carers allowance paid in EU countries. This is really a very sad story which was posted on the Spain forum. Your input would be very much appreciated...

- marbellaman

Hi Carole.

I am a member of ex-pat focus and I wondered whether you could direct me to a section where I could discuss
the on-going problems with your members with the refusal by the UK Government to pay disability and carers allowances to UK
citizens living in the EU.
As you are probably aware this is in direct contravention of an EU Commission ruling some years ago which
required the Government to pay these benefits, they have been prevaricating for years and I understand that
the Commission sent a final letter of non - compliance to the Government on 9th Otober 2009 giving them
two months to respond, as far as I know they have not responded.
The Exportability Team who deal with enquiries are just a smokescreen in my opinion for the Government who do
not want to address the problem. My latest communication, attached, was responded to by an automated e mail
telling me to "be patient"as they were still dealing with e mails from early December 2009. I have been in correspondence
with them for two years now !

The situation is outrageous that this so called caring Labour Government can just abandon elderly sick people who are in
desperate need just because they have moved to an EU member country - either we are in the EU or we are not, if we are then they
should be forced to comply with the rulings of the EU commission in this regard. The continual run around one experiences is a
disgrace. Most ex pats, like my Mother and myself, still pay UK taxes.

I won't go into any further detail as the attachment is self explanatory, if you know of any pressure groups on this subject
I would be grateful if you could put me in touch. Please feel free to put my communication on your web site.

I was in communication with you regarding my mother some eighteen months ago concerning carers and disability
benefits payable in EU countries.

Obviously, since that time, I have heard nothing further from you due to the inactivity of the UK Government in this regard.
I notice that the EU Commission presented the UK Government with a Letter of Formal Notice of Infringement on the
9th October 2009 with a two month requirement in which to respond. No recent information is available and I would be grateful
if you could let me know if a response has been made to this Notice.

If you refer to my previous correspondence you will see that I am in a now even more desperate situation, my Mother is now 98 doubly
incontinent, disabled and bedridden. I have my own health issues and I do not know how much longer I can cope.
There is no help available in Spain, apart from private agencies, which I cannot afford. I have no family help as my only
brother died in 1993 and my long term partner who did help, died in 2008 so I am having to cope alone.
There is no possibility of her returning to the UK nor has there been since the disabling accident to her right arm some years ago
whilst on a visit. Airlines have refused to carry her so there is nothing I can do to resolve the problem or return her to the UK,
not that she has anywhere to go if she did return and she still pays UK tax on her pension

An MP with whom I spoke to recently whilst he was on a visit to Spain suggested that if no further action by the UK
is taken in complying with the EU Commissions ruling then I should consider taking my case to the European Court of Human Rights,
a course which I am actively investigating.

My carers duties are embarrassing and degrading for a son to have to deal with. My Mother is constantly in tears
over her inability to control her bodily functions or wash herself and having to have her 68 year old son deal with such unpleasant tasks
which should be carried out by professionally trained geriatric carers.
I am in attendance 24 hours a day. My health is suffering because of the strain that I am under. I am having difficulty in lifting her
because of a deteriorating hernia- if anything happens to me I do not know what will happen to her which worries me greatly.

I would be grateful for an early response from you so that I may consider my next course of action if the Government is
still refusing to act on the ruling.

Hello David
I think you should read the www.directgov.uk site. It covers benefits abroad.

I think you will find, that unfortunately you are not entitled to any "carers" benefit, I note that you are over retirement age and therefore possibly in receipt of a UK state pension? If you are, you would not get "carers allowance" whether you live in the UK or any other part of Europe. Carers Allowance is a taxable benefit and so is the UK State Pension therefore Carers generally stops when the person becomes entitled to their State Pension.

Generally and as a rule, if your mother was in the UK, she would be entitled to claim Attendance Allowance. You must live in the UK when you first start claiming this allowance. As your mother is not then she is not entitled to anything from the UK. It however appears, that she may be entitled to something from Spain as I guess she is resident there, you should therefore be going to your local Social Security office and asking them.

A ruling was made in October 2008 by the EU regarding the exportability of disability benefits people who has previously had their DLA (Care component) had this restored if they had moved abroad but only the care component the mobility was lost. According to the above site, AA appears to be lost after 26 weeks.

I have not heard of this 2009 ruling would you please direct me to the relevant site regarding this.
E

Again Hotpot, you appear if I am correct to have left the country and therefore lost DLA in 2005. The EU ruling was made in 2008 October therefore you were out of the country. The rules at this time state that you must be in the country to make the claim originally, you obviously were not at the time of the EU directive 2008. To get DLA you also must be in receipt of another benefit for which is taxable ie State Pension or ESA for example if you were only in receipt of DLA and no other benefit this is maybe why you have not had it back. I still would like to view the decision etc can anyone direct me
E

I would like to point out that DLA is TAX FREE. according to their web site.

i have taken this from countryboys web page Vinalopo Trader. hope you dont mind david

A recent European Court judgement has made it possible for some people in receipt of the care component of Disability Living Allowance(DLA), Attendance Allowance(AA) and Carers' Allowance(CA) to continue to receive these benefits even if they move to another European country.

The mobility componenet of Disability Living Allowance is still considered to be a "special non contributory benefit" and thus will not be paid to those recipients who move abroad.

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